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  • Law Resources: Shepardizing

    What is Shepardizing?

    "Shepardizing" is a trademark which describes the process of using Shepard's publications to identify the citation history of a case, statute or regulation.

    Legal citators are tools that help you find the history of a case, statute, regulation and some other legal sources.

    Shepardizing Using Lexis Nexis Academic

    You can Shepardize® any US federal or state case in LexisNexis Academic when you open the the full text view of the case by

    1. Using the "Next Steps" dropdown box at the top right of the case to select "Shepardize®" OR

    2. Clicking  on the "Shepard's Signal" at top left

     

    • Shep links.jpg

    Reading a Shepard's Report

    A Shepard's report for case law could include the following information:

    • Case name, citation, court designation, and year
    • Prior case history and subsequent appellate history (direct history, and one level of indirect history, if any)
    • Shepard's editorial treatment analysis codes
    • Citing references

    Look for the features shown in the sample report below:

    1. "Restrict By" tool that lets you limit the types of citations included on the report, a count of the citations currently shown, and the headline starting with "Unrestricted Shepard's Summary" indicating that they are no restrictions to the citations shown in the current report.

    2. Citation to the case being Shepardized, with Signal showing its status.

    3. Alternate citations to the same case as it appears in other legal reporters.

    4. The Shepard's Summary, showing the number of citations according to their treatment of the case being Shepardized.

    5. Links to LexisNexis headnotes, which expound the points of law involved in the case and its treatment

    6. Prior History

    7. Subsequent Appellate History (click on link to display)

    8. Shepard's report of cases citing the case being Shepardized.

    Shep rpt.jpg

    http://wiki.lexisnexis.com/academic/images/6/60/Shep_rpt_2.jpg

     

    copied from: http://wiki.lexisnexis.com/academic/images/6/60/Shep_rpt_2.jpg

    Shepard's Signals

    The Shepard's Signal Marker indicates the standing of your case as treated by other cases.

     

    Signal Description Details
    Shepred.gif Warning Negative treatment indicated. Includes the following analyses:
    • Overruled by
    • Superceded by
    • Revoked
    • Obsolete
    • Rescinded
    Sheporange.gif Questioned Validity questioned by citing references. Includes the following analyses:
    • Questioned by
    Shepyellow.gif Caution Possible negative treatment indicated. Includes the following analyses:
    • Limited
    • Criticized by
    • Clarified
    • Modified
    • Corrected
    Shepgreen.gif Positive Positive treatment indicated.


    Includes the following analyses:

    • Followed
    • Affirmed
    • Approved
    Shep circled a.gif Citing References with Analysis Other cases cited the case and assigned some analysis that is not considered positive or negative. Includes the following analyses:
    • Appeal denied by
    • Writ of certiorari denied
    Shep circled i.gif Citation Information References have not applied any analysis to the citation. For example the case was cited by case law or law reviews that do not warrant an analysis. Includes the analysis: